Kailash Vishwakarma vs Govind Prasad Tripathi
2021 Latest Caselaw 1650 MP

          HIGH COURT OF MADHYA PRADESH :
                    JABALPUR
                  Cr.R.No.821/2021
  ( Kailash Vishwakarma Vs. Govind Prasad Tripathi and another )
                                   (1)

Jabalpur, dated : 29.04.2021

      Heard through video conferencing.

      Shri Siddharth Singh, learned counsel for the petitioner.

      Shri Gopal Jaiswal, learned Panel Lawyer for the respondent

No.2/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is

admitted for final hearing.

Record of the courts below be requisitioned.

Heard on I.A. No. 4379/2021, which is an application filed

under Section 389 (1) r/w Section 401 (1) of Cr.P.C. for suspension

of sentence and grant of bail filed on behalf of the petitioner.

This criminal revision has been preferred against the judgment

dated 26.02.2021 passed by Seventh Additional Sessions Judge,

Rewa (M.P.) in Cr.A. No. 2000165/2016 arising out of the judgment

dated 07.06.2016 passed by Additional Chief Judicial Magistrate

Rewa in Case No.696/2016, whereby, the petitioner has been

convicted under Section 138 of Negotiable Instruments Act and

sentenced to undergo one year's rigorous imprisonment with

compensation of Rs. 3,94,037/- with default stipulation.

Learned counsel for the petitioner submits that present

petitioner has been falsely convicted. It is further submitted that

there are omissions and contradictions in the evidence of the HIGH COURT OF MADHYA PRADESH :

JABALPUR Cr.R.No.821/2021 ( Kailash Vishwakarma Vs. Govind Prasad Tripathi and another )

prosecution witnesses. It is further submitted that both the courts

below have failed to appreciate the evidence correctly. It is also

submitted that in view of outbreak of COVID 19, detention of the

applicant in already congested prison may be detrimental. There are

fair chances of success of this revision and the revision may take

long time for its conclusion and the petitioner cannot be kept in

custody for an unlimited period. Under these circumstances, the

execution of sentence be suspended and he be released on bail.

Keeping in view the aforesaid submission of learned counsel

for the petitioner and the facts & circumstances of the case, I.A. No.

4379/2021 is allowed.

It is, therefore, directed that if petitioner deposits with the trial

court 50% of the amount of compensation as awarded by the

courts below, if not already deposited, and furnishes a personal bond

in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with one local

solvent surety in the like amount to the satisfaction of trial Court for

his appearance before the Registry of this Court on 27th October

2021 and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain suspended

till further orders and he shall be released on bail. The petitioner

shall also furnish a written undertaking that he will abide by the

terms and conditions of various circulars, as well as, orders issued by

the Central Government, State Government and local administration HIGH COURT OF MADHYA PRADESH :

JABALPUR Cr.R.No.821/2021 ( Kailash Vishwakarma Vs. Govind Prasad Tripathi and another )

from time to time such as maintaining social distancing, physical

distancing, hygiene etc. to avoid proliferation of Corona virus.

List this case for final hearing in due course.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.04.29 16:08:40 +05'30'